Pauga v Chief Executive of Queensland Corrective Services [2023] FCAFC 58

Federal Court of Australia

Pauga v Chief Executive of Queensland Corrective Services [2023] FCAFC 58 Appeal from: Pauga v Chief Executive of Queensland Corrective Services (No 6) [2022] FCA 1096

File number: SAD 151 of 2022

Judgment of: WIGNEY, BROMWICH AND ABRAHAM JJ

Date of judgment: 13 April 2023

Catchwords: EXTRADITION – unsuccessful application for a writ of habeas corpus – whether the primary judge erred in finding that 'brought as soon as practicable before' under s 15(1) of the Extradition Act 1988 (Cth) requires physical attendance of person arrested – whether the primary judge erred in finding that 'for such period or periods as may be necessary for proceedings … to be conducted' under s 15(2) contemplates a remand from time to time rather than a single remand – whether the primary judge erred in finding that the principles of res judicata, issue estoppel and abuse of process prevented the appellant advancing his argument under s 15(1) – whether the primary judge erred in finding that the proceedings were conducted by a magistrate acting personum designata as required by s 45B(1) – whether the primary judge erred in finding that the s 19(2) hearing did not need to be conducted separately from the s 19(2) hearing – held: appeal dismissed – where the cross-appeal advanced that the primary judge erred in finding procedural unfairness in the conduct of the s 19 hearing in the course of otherwise dismissing an application for a writ of habeas corpus – held: cross-appeal allowed. BAIL – reasons for dismissing an application for bail made at the conclusion of the appeal hearing – bail provisions under the Extradition Act apply.